Broken Arrow City Council
Meeting of: 03-04-2025
Title:
title
Presentation concerning proposed restrictions of municipal biosolids handling within 2025 legislative sessions regarding Oklahoma Senate Bills SB003 and SB268, and Oklahoma House Bill HB1726
End
Background:
In recent years, the recognition and concern surrounding Perfluorooctane Sulfonate (PFOS) and Perfluorooctanoic Acid (PFOA), collectively known as "Forever Chemicals," have increased significantly. These man-made chemicals, dating back to the 1930s, are prevalent in everyday items, complicating their regulation. The Environmental Protection Agency (EPA) has issued guidelines for PFOS and PFOA in drinking water, but only a “draft” risk assessment for their presence in wastewater biosolids, leaving state governments to individually determine regulatory actions while EPA is pending action. With the current federal administrations aim on streamlining government and implementing deregulations strategies, this trend to address these chemical compounds at the state government level is expected to continue.
States have adopted varied approaches, ranging from an extreme non-science-based approach of total ban on biosolid land application to a more scientific-based chemical composition limits approach for biosolids including land applied products; with a status quo approach being the most common throughout the county. Oklahoma's proposed legislation, including Senate Bill SB003, Senate Bill SB268, and House Bill HB1726, currently follows a non-scientific approach that immediately imposes moratoriums and prohibitions uses of biosolids, including land applications.
Broken Arrow Municipal Authority Staff opposes these bills due to the lack of scientific-based evidence coupled with the adverse impacts of a total ban would cause. These impacts encompass increased operational costs, landfill operations and capacity concerns, regulatory complications, and potential environmental and agricultural impacts. They advocate for a science-based approach to managing PFOS and PFOA in biosolids, stressing the need for updated, economical, and practical solutions as scientific understanding evolves. The staff acknowledges the importance of addressing PFOS and PFOA concerns but emphasizes the need for upstream regulations involving manufacturers and commercial entities to share responsibility.
Attached to this request for action is a detailed review provided by the Utilities Department on the matter.
Cost: N/A
Funding Source: N/A
Requested By: Timothy S. Robins, PE - Director of Utilities
Approved By: City Manager’s Office
Attachments: Utilities Memorandum for Oklahoma Legislative Bills 2025 review
Recommendation:
recommend
As Council Directs
end